ARM BLOG

More and more frequently, companies are making redundancies due to the difficult economic situation in Germany. But under which conditions is a dismissal for operational reasons legally feasible? And are dismissals for operational reasons due to the Corona crisis possible? A dismissal should always be the employer's last resort. Therefore, the employer is required to first think about alternatives. Such alternatives include federal financial aid or the temporary introduction of short-time work. In a dismissal protection lawsuit, labor courts examine possible alternatives in the context of the proportionality test to see whether they would have provided a milder remedy that would also have been suitable to save the company. Nevertheless, dismissals for operational reasons due to the Corona crisis are not excluded in principle. Short-time work and dismissal for operational reasons Both the introduction of short-time working and the pronouncement of compulsory redundancies are measure...

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